There is the huge issue out there with piracy, but the concept of due process in the US seems like one that can't simply be ignored, nor one that is likely to be. I would think that by saying a file is open on a Torrent and available for others to take is very little different than me leaving a CD on my porch. If someone steals it, then they are the ones who have broken the law.
Other issues arrise as well that tie in closely with DRM and digital downloads. Unlike CDs which we lend to friends without issue, how do you 'lend' a digital download? If you email them a copy, you've broken the law I expect. If you email them the original file, you likely can't do that. You really no longer have a way to lend music unless it is DRM free and you use your best judgement.
But, what about movies? Those are highly unlikely to ever be DRM free, and digital downloads are picking up some speed, yet hit the same road block. No lending, no borrowing, no sharing. Seems like HD formats, with their 'archaic DRM' are far better than the alternatives currently being presented.
Let's throw on top of things - if I own a CD, I am allowed to make a copy for my own personal backup. If I download a copy, is that intrinsicly different than me ripping a copy straight from the CD? Either way, I have a digital backup. So, did I break the law? Now, if I did not break the law, and the download was legal, how can anyone prove that I do not own 100% of every song that I have ever downloaded (if I downloaded songs)? Likewise, if it was NOT illegal for me to download the songs, then how could it be illegal for the person to make them available to download by people who are simply backing up their audio collections legally?
I see how there is a lot of illegal downloads out there going on constantly. But, I fail to understand how the legal system has been so blatently bypassed by these huge corporations instead of the legal system actually reviewing the facts that are in front of them.
On the other hand, I could also see DRM put on music and 100% of all audio being called 'illegal' for any distribution or downloading at all. If you aren't allowed to make a digital backup, you certainly can't have it on your PC or open for sharing.